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Sorry, ASICs are programmable tooSorry, ASICs are programmable tooPosted Sep 25, 2010 14:08 UTC (Sat) by foom (subscriber, #14868)In reply to: Sorry, ASICs are programmable too by Max.Hyre Parent article: FSF says: USPTO should publish guidelines excluding software patents ASICs aren't really programmable -- the thing *creating* the ASIC is programmable. What about a design for a new kind of valve (of which there any number of patented varieties)? You could easily fabricate one of those after downloading the correct program to run on a CNC machine. And if you're going to go there, you could also download detailed designs for making a steam engine, and give those designs to someone to fabricate a new steam engine. Is steam engine design not patentable?
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Sorry, ASICs are programmable too Posted Sep 25, 2010 14:37 UTC (Sat) by DOT (subscriber, #58786) [Link]
How about making the distinction between the software and the hardware? So if you use a software implementation of a valve (??), you can't get sued for patent infringement, but as soon as you physically build one, you can. Same for video decoding: software is not patent infringement, but a chip is.
The reasoning behind this: software is already covered by copyright law. It doesn't need patents as additional incentive for creation.
Sorry, ASICs are programmable too Posted Sep 25, 2010 18:52 UTC (Sat) by coriordan (guest, #7544) [Link]
You're (hypothetically) arguing to exclude a whole bunch of stuff from patentability. Maybe that's a good idea, but it's the issue I'm talking about. I've no opinion on valves or steam engines, I just say that software patents are bad.
Being able to download plans for a steam engine doesn't make it similar to software. Manufacturing steam engines remains an industrial activity, and patents on it remain industrial regulations without direct social consequences.
Software is written by individuals, communities, and by groups without direct financial motivations, so patents on software are direct restrictions on people.
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